As an expat currently working in the UAE, you are not the only one who can complain about the misbehavior of your employer. Your employer can report you too if you are misbehaving in the workplace or anywhere that can affect the image of your company or your employer. You should be aware of this possibility so that you can avoid any consequences that come with misbehaving. Continue reading the rest of this article to learn more.
Also Read: Terminable Offenses in UAE as per Article 120 UAE Labour Law
When an employee misbehaves or does anything related to misconduct, employers face multiple issues too. First, the employer will think to start a formal disciplinary process in order to give proper consequences to the employee. Next, the employer will think about how and when to implement the actions. Finally, an employer needs to follow the required local law before giving the employee the right consequences for doing such actions.
In the UAE, employers and employees have guidelines on what to do when this case happens. So, whether you are an expat who violates the rules and regulations of your employer or you just want to know the consequences in case it happens, here are the things you should remember.
Employers can do certain actions when an employee misbehaves
Employers need to understand three major rules when imposing consequences to their employees in case of misconduct. This means that your employer will likely consider three rules if he will punish you. These are the law of arbitrary dismissal, disciplinary action, and the duties of your employer before conducting the disciplinary actions. Here are the things you should consider in each area.
Law of arbitrary dismissal
Some of the things to consider under the law of arbitrary dismissal are part of Article 120 of the UAE Labor Law. The severity of the penalties and disciplinary actions will depend largely on the type of contract the employee and employer have. Here are some of the clauses punishable by law or disciplinary actions.
- If the employee assaults a colleague during working hours.
- If the employee is under the influence of illegal drugs when working
- When the employee commits an offense with regards to honesty, honor, and public morals.
- When the employee reveals the confidential information of his employer.
- If the employee fails to perform his basic responsibilities at work and during an investigation or despite receiving a written warning regarding his termination, he still insists to violate the rules.
- If the employee violates the rules and regulations of the employer regarding industrial safety or safety at work despite the orders being posted anywhere at the workplace.
- When the employee commits grave mistakes that lead to substantial loss to the employer. The employer should report this case within 48 hours after the accident.
- When the employee uses a false identity and submitted fake or forged documents.
What are the disciplinary actions an employer can impose?
- Cancellation of end of service gratuity benefits
- Termination from work without end of service gratuity benefits
- Cancellation of promotion when an employee qualifies for one
- Cancellation of a periodic bonus if such bonus is applicable to the company
- Suspension from work with lesser pay for 10 days or below
If you are an expat who is going to receive such disciplinary actions from your employer, you must be notified of the allegations in writing. Your employer must be open to your defense in case you want to comment on the allegations given to you. Also, your employer should allocate time to investigate your defense.
What are the duties of the employer before giving disciplinary actions?
Before the employer can impose disciplinary actions on the employee, he must be able to do these three things:
- The employer should only give disciplinary actions within the time limit as prescribed by the UAE Labor Law.
- The employee has the right to know the nature of the disciplinary actions he will receive, the reasons for such actions, and what is it that’s against him.
- The employer has no right to impose more than one disciplinary action or combine actions with the employee’s salary deduction.
These duties are required to be followed before the employee receives disciplinary actions from the employer. Else, the UAE Federal Supreme Court may reject the cases for the reason of failure to follow the proper procedures or the lack of evidence that disciplinary action has been followed using the proper process. Remember that an employer still needs to be as professional as possible if he wants to impose something on the employee. Without following the rules of the UAE Labor Law, any disciplinary action can’t be granted.
As an expat, you should be able to comprehend what’s on this list because it will help you in the future. Cases like this happen even if it’s unintentional. Whether you want to be a good employee or not, there will come a point that you need to face disciplinary actions. But before you receive those sanctions, your employer must make sure that he is following the proper procedures. Being aware of what the employer must do will give you ideas if the law is being followed correctly.
